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Trademarks (General Procedures) Administrative Instructions, No. 1 of 2005

BELIZE:

ADMINISTRATIVE INSTRUCTIONS No. 1 of 2005

ADMINISTRATIVE INSTRUCTIONS made by the Registrar of Intellectual Property in exercise of the powers conferred upon him by section 69 of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000.

PART I PRELIMINARY

Short title. 1. These Administrative Instructions may be cited as the

TRADEMARKS (GENERAL PROCEDURES) ADMINISTRATIVE INSTRUCTIONS, 2005.

PART II WITHDRAWAL AND RESTRICTON OF APPLICATION

Withdrawal of 2. When an applicant wishes to withdraw an application, he must submit to the application. Registrar an application to withdraw in Form No. 8A, together with the prescribed fee.

Restriction of 3.(1) When an applicant wishes to restrict the goods or services covered by the application. application pursuant to section 17 of the Act, he must submit to the Registrar an application to restrict in Form No. 8B, together with the prescribed fee.

(2) The Registrar on receipt of a restriction application shall record the restriction in the Register for the goods or services as set out in the restriction application.

PART III OPPOSITION

Evidence in 4. Upon receipt of an answer to opposition and duplicate, the Registrar shall support of forthwith send the duplicate to the opponent and within one month from the receipt opposition. of the duplicate the opponent shall leave with the Registrar such evidence by way

of affidavit as he may desire to adduce in support of his opposition and shall deliver to the applicant a copy of the affidavit.

Evidence in 5. If an opponent leaves no evidence, he shall, unless the Registrar otherwise support of directs, be deemed to have abandoned his opposition but, if he does leave eviapplication. dence, then, within one month from the receipt of the copy of the affidavit the

applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent a copy of the affidavit.

Evidence in 6. Within one month from the receipt by the opponent of the copy of the reply by applicant’s affidavit, the opponent may leave with the Registrar evidence by affiopponent davit in reply, and shall deliver to the applicant a copy of the affidavit. This evi

dence shall be confined to matters strictly in reply.

Further 7. No further evidence shall be left on either side but, in any proceedings

evidence. before the Registrar, he may at any time if he thinks fit give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.

Exhibits. 8.(1) Where there are exhibits to affidavits filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection.

(2) The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.

Hearing. 9.(1) Upon completion of the evidence, the Registrar shall give notice to the parties of a date when he will hear the arguments in the case.

(2)
Such appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.
(3)
Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar on Form No. 7A.
(4)
A party who receives notice as mentioned above and who does not, within seven days from the receipt of such notice, so notify the Registrar on Form No. 7A, may be treated as not desiring to be heard and the Registrar may act accordingly.

Extension of 10. Where in opposition proceedings any extension of time is granted to any

time. party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable extension of time to any other party in which to take any subsequent step.

Security for 11. Where a party giving notice of opposition or an applicant sending an

costs. answer to opposition after receipt of a copy of such notice neither resides nor carries on business in Belize, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as the Registrar may deem fit, and at any stage in the proceedings may require further security to be given at any time before giving his decision in the case.

Costs in un- 12. In the event of an opposition being uncontested by the applicant, the

contested case. Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.

PART IV REVOCATION AND INVALIDATION Application for Revocation

Required 13.(1) Any person who wishes to have a mark revoked under section 46 of the Act, revocation may so inform the Registrar by submitting a notice of revocation in Form No. 17A, form. together with the prescribed fee.

(2) The applicant’s answer to a notice of revocation under sub-paragraph (1) must be submitted in Form No. 17B, together with the prescribed fee, and the answer must indicate the grounds on which the applicant relies and any facts al leged in the notice of revocation that the applicant admits.

(3) Part III shall apply, with the necessary modifications, to this Part.

Application for Invalidation

Required 14.(1) Any person who wishes to have a mark invalidated under section 47 of the invalidation Act, may so inform the Registrar by submitting a notice of invalidation in Form form. No. 17C, together with the prescribed fee.

(2) The applicant’s answer to a notice of invalidation under sub-paragraph (1) must be submitted in Form No. 17D, together with the prescribed fee, and the answer must indicate the grounds on which the application relies and any facts alleged in the notice of invalidation that the applicant admits.

(3) Part III shall apply, with the necessary modifications, to this Part.

PART V FEES AND FORMS

Fees and 15. The fees to be paid in relation to the relevant applications are those prepayment. scribed in Schedule I. Schedule I.

Forms 16. The forms required for the relevant applications are those prescribed in required. Schedule II. Schedule II.

MADE by the Registrar of Intellectual Property this 7th day of March, 2005.

(ELSON KASEKE) Registrar of Intellectual Property

SCHEDULE I

FEES

$ c.

On submitting a withdrawal of application … … … 50.00
Rebate on withdrawal of application … … … … relevant registra
tion/recordal fee
(plus publication fee
if application is
unpublished)

On submitting a notice of revocation of registration … … 50.00 On submitting an answer to a notice of revocation … … 50.00

On submitting a notice of invalidation of registration… … 50.00 On submitting an answer to a notice of invalidation of registration … … .. … … … … … 50.00

For participating in revocation or invalidation proceedings … 350.00 For publication of notice of renewal of registration … … 250.00 For all other publications … … … … … 100.00 For cancellation of a sub-licence-contract … … … 50.00 For recording the transfer of a sub-licence-contract … … 50.00 On application for restriction of application for registration of a mark … … … … … … 50.00 For an electronic search of the Register .. … … … 20.00

For requesting that the Registrar extend the time limit for

doing any thing … … … … … … … 50.00

SCHEDULE II

TRADE MARKS ACT (CAP. 257)

FORM No. 4A

APPLICATION FOR OTHER CHANGE TO APPLICATION FOR REGISTRATION OF A MARK

I/We1 …………………………………………………………………………. …………………………………………………………………………………….. the owner of the2 …………………………………………………. Mark claimed in application No. ………………………………………. hereby apply to have the following change made to this application:3 ……………………………………… ………………………………………………………………………………………

Dated this ………………………. day of …………………………… , 20 …..

4

…………………………………….

The Registrar Intellectual Property Office BELIZE.

  1. Name of present applicant.

  2. Insert Trade, Collective or Certification, if appropriate.

  3. State other change (apart from change in applicant’s name, address or his address for service in Belize).

  4. Signature.

TRADE MARKS ACT (CAP. 257)

FORM NO. 7A

NOTICE TO THE REGISTRAR OF ATTENDANCE OF HEARING

I/We1 …………………………………of ………………………………………. …………………………………hereby give notice that the Hearing of the arguments in the matter of ………………….……………………………………….. ………………………………….. ………………... ……………………………….. Which, by the Registrar’s Notice to me (or us) dated the ……………………..day of………………………., 20……. is fixed for ………………a.m. or p.m. at the Registrar’s Office on the ……………..day of ……………………., 20……, will be attended by me (or us) or by some person on my (or our) behalf.

DATED this …………….day of………………….., 20……..

2

………………………………………………

To the Registrar Intellectual Property Office BELIZE.

  1. Here insert name and address.

  2. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 8A

WITHDRAWAL

I/We1 ……………………………………………………………………………… the owner(s) of the Trade Mark Application No.……………..hereby withdraws such application for2 ……………………………….………………………….…..

Dated this …………………………… day of …………………………. 20…..

3

……………………………………………

The Registrar Intellectual Property Office BELIZE.

  1. Name of applicant.

  2. Insert “all of the goods or services for which the application is made”.

  3. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 8B

RESTRICTION

I/We1 ……………………………………………………………………………… the owner(s) of the Trade Mark Application No.……………..hereby restricts such application for2 ……………………………….………………………………………

Dated this …………………………… day of …………………………. 20…..

3

………………………………………………

The Registrar Intellectual Property Office BELIZE.

  1. Name of applicant.

  2. Insert “all of the goods or services for which the restriction is made”.

  3. Signature.

TRADE MARKS ACT (CAP.257)

FORM No. 16A

APPLICATION TO CANCEL RECORD IN REGISTER OF A SUB-LICENCE-CONTRACT

I/We1 ………………………………………………………………………... …………………………………………………………………………………… hereby apply for cancellation of the record in the register of the particulars of2 …………………………………………………………………………………… …………………………………………………………………………………… Evidence is hereto attached that the Sub-Licence-Contract has terminated.

Dated this ………………………… day of ………………………… 20 ….

3

………………………………….

To the Registrar Intellectual Property Office BELIZE.

  1. Name of registered licensee or sub-licensee under a Sub-Licence-Contract.

  2. Name of sub-licensee under Sub-Licence-Contract the record on the register of which is to be cancelled.

  3. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 16B

APPLICATION TO RECORD TRANSFER OF SUB-LICENCE-CONTRACT

I/We1 …………………………………………………………………………. ……………………………………………………………………………………. a registered sub-licensee in respect of the Trade Mark registered under No. ……………………… hereby apply to transfer the Sub-Licence-Contract to2…………………………………………………………………………………… by virtue of the authority vested in me pursuant to3 …………………………….. and to have such person entered in the record in the registration in my/our stead.

Dated this ……………………… day of ……………………………. 20 …..

4

……………………………………………

To the Registrar Intellectual Property Office BELIZE.

  1. Name of sub-licensee recorded in the register.

  2. Name and address of person to whom Sub-Licence-Contract transferred and if he resides outside Belize, an address for service within Belize.

  3. Here identify authority.

  4. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 17A

NOTICE OF APPLICATION FOR REVOCATION OF REGISTRATION OF A MARK

(To be submitted in duplicate)

IN THE MATTER OF an application for revocation by……………………………. …………………………………… to Trade Mark No. ………………………... of …………………………………………………………………………………..

I/We1 ………………………………………………………………… hereby

give notice of my/our application for revocation of the registration of the Mark regis

tered under the above number in the Register.

The grounds for revocation are as follows: …………………………………………………………………………………….. ……………………………………………………………………………………..

Address for service in Belize in these proceedings: ……………………………………………………………………………………… ………………………………………………………………………………………

Dated the ……………………….. day of …………………………., 20 ……..

2

…………………………………………

To the Registrar Intellectual Property Office BELIZE.

  1. Here state full name and address of the person who wishes to revoke the application.

  2. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 17B

FORM OF ANSWER TO REVOCATION APPLICATION

(To be submitted in duplicate)

IN THE MATTER OF an application for revocation by …………………………… to Trade Mark No. …………………..

I/We …………………………………………………………………………. the owner of the above Mark, hereby give notice that the following are the grounds on which I/we rely as supporting my/our application: ……………………………………………………………………………………. …………………………………………………………………………………… ……………………………………………………………………………………

I/We admit the following allegations in the Revocation Application: …………………………………………………………………………………. …………………………………………………………………………………..

Address for service in Belize in these proceedings: ………………………………………………………………………………….. …………………………………………………………………………………..

Dated this ………………………… day of ………………………… 20 ….

Signature ………………………..

To the Registrar

Intellectual Property Office

BELIZE.

TRADE MARKS ACT (CAP. 257)

FORM No. 17C

NOTICE OF APPLICATION FOR INVALIDATION OF REGISTRATION OF A MARK

(To be submitted in duplicate)

IN THE MATTER OF an application for invalidation by…………………………… …………………………………… to Trade Mark No. ………………………... of …………………………………………………………………………………..

I/We1 ………………………………………………………………… hereby

give notice of my/our application for invalidation of the registration of the Mark regis

tered under the above number in the Register.

The grounds for invalidation are as follows: …………………………………………………………………………………….. ……………………………………………………………………………………..

Address for service in Belize in these proceedings: ……………………………………………………………………………………… ………………………………………………………………………………………

Dated the ……………………….. day of …………………………., 20 ……..

2

…………………………………………………

To the Registrar Intellectual Property Office BELIZE.

  1. Here state full name and address of the person who wishes to invalidate the application.

  2. Signature.

TRADE MARKS ACT (CAP. 257)

FORM No. 17D

FORM OF ANSWER TO INVALIDATION APPLICATION

(To be submitted in duplicate)

IN THE MATTER OF an application for invalidation by …………………………

to Trade Mark No. …………………..

I/We …………………………………………………………………………. the owner of the above Mark, hereby give notice that the following are the grounds on which I/we rely as supporting my/our application: ……………………………………………………………………………………. …………………………………………………………………………………… ……………………………………………………………………………………

I/We admit the following allegations in the Invalidation Application: …………………………………………………………………………………. …………………………………………………………………………………..

Address for service in Belize in these proceedings: ………………………………………………………………………………….. …………………………………………………………………………………..

Dated this ………………………… day of ………………………… 20 ….

Signature ………………………..

To the Registrar

Intellectual Property Office

BELIZE.